Labor Board Modifies Union Election Proposal

On November 30, the National Labor Relations Board (NLRB) held a public meeting to discuss a resolution announced a day earlier by NLRB Chairman Mark Pearce. The resolution involved modifications to the proposed rules on union elections that were published by the NLRB in July.

The modified elections rules consist of six amendments that are purported to reduce unnecessary litigation in election cases before the Board. The amendments in total will grant the NLRB and its hearing officers significant latitude to decide election issues and substantially limit employers ability to appeal significant pre-election and post-election issues.

At the hearing, Chairman Pearce and Member Becker expressed support for the resolution, while Member Hayes stated that he would not support the modifications. It appears that the NLRB will publish a final rule, based on the modifications, and the Board will hold an official vote for formal adoption of the rule. This vote must occur before December 31 when Member Becker’s term expires.

“By the Board’s own admission, 90% of federally supervised union elections are conducted by agreement between employees, unions and employers in approximately 38 days from the filing of the petition”, said ALFA President & CEO Richard P. Grimes. “ The Board’s decision to adopt amendments that limit the small minority of cases that employers’ have a legitimate right to appeal for the sake of expediency and the convenience of unions continues a troubling pattern of union favoritism at the expense of worker and employer rights .”